binding contract

Misinterpreting the Law Doesn’t Negate an Alimony Agreement

The Appeals Court decision in DeMarco v. DeMarco reminds us that a deal is a deal, even when it’s entered into based upon advice from a trial judge who misinterprets the law.

In this case, the husband and wife were divorced in May 2010. At that time they signed a separation agreement calling for the husband to pay alimony to his wife of until the death of either party, the wife’s remarriage, or such time as the husband had no gross earned income after reaching age 68. After the Alimony Reform Act was passed into law in 2012, the husband filed a complaint for modification seeking to terminate his alimony obligation based upon his having reached full retirement age.… Keep reading